Alameda County Superior Court Judge Barbara Miller toured Memorial Stadium with an entourage of attorneys and police officers in Berkeley, Calif. on Thursday, Oct. 4, 2007. Miller requested the personal tour to gather more information on the lawsuits covering the proposed athletic facility the university is seeking to build.
PAUL CHINN/The Chronicle

State-of-the-art training and sports medicine facilities will serve Cal football and 12 Olympic sports in the new center. Set below the west stadium wall, the center features a rooftop plaza for events and game-day activities. Cal officials announce the latest plans for major renovations of Memorial Stadium, the Business School and the Law School on 11/10/05 in Berkeley, Calif.
CREDIT: Courtesy of HNTB Architecture / Studios Architecture

Lawyers arguing over whether UC Berkeley should be allowed to build an athletic training center next to Memorial Stadium wrapped up their cases Thursday, after seven days of testimony that ranged from Ohlone Indian remains to the exact location of the Hayward Fault.

Alameda County Superior Court Judge Barbara Miller said she will not rule for at least two weeks, and could wait as long as 90 days to decide whether UC Berkeley can proceed with its plans for the $125 million facility.

In a trio of lawsuits, the city government, Panoramic Hill Association and the California Oak Foundation ask the court to order UC Berkeley to revise its environmental impact report on the sports facility, which they say violates the California Environmental Quality Act and the Alquist-Priolo Act.

The university's report doesn't adequately take into account public safety and the impact of losing two-thirds of the oak grove, the plaintiffs argue. In addition, it violates Alquist-Priolo, a state law that prohibits new buildings on earthquake faults, because the sports facility is an addition to Memorial Stadium, which sits on top of the Hayward Fault, they said.

The plaintiffs also argued that the seismic reports were completed too late for the public to comment.

"In short, the university stole the CEQA process from the public," said Stephan Volker, attorney for the California Oak Foundation and a group of protesters who have been dwelling in the oak trees since December. "It also doesn't consider the legacy of several ancient coast live oaks and the birds and animals that depend on this unique grove for their existence."

Charles Olson, representing UC Berkeley, countered: "There is wildlife in the area, but they weren't there when we started this process," he said, referring to the tree-sitters.

The university's report more than adequately addresses seismic, public safety and environmental concerns, Olson said. Proceeding with the sports training facility is a critical first step toward preserving Memorial Stadium, which is on the National Register of Historic Places, he said.

The center would provide locker rooms, offices, medical exam rooms and weight rooms for 13 varsity sports, ranging from the Cal football team that is ranked No. 2 in the nation to some women's teams that now have no facilities.

The center also would allow the university to move about 350 staff and athletes who use Memorial Stadium daily into quarters safer from earthquakes.

"Memorial Stadium has been a center point of campus life for 84 years," Olson said. "The university very much wants to retrofit and improve it for students, alumni, fans and visitors. It's a very, very integral part of campus life."

The plaintiff attorneys argued that the university hasn't adequately considered safer, alternate sites for building a new stadium, such as Golden Gate Fields horse track in Albany, Edwards Field on the UC Berkeley campus or the Oakland Coliseum.

"We believe the university gave short shrift to the safety issue," said Harriet Steiner, representing the City of Berkeley. "Emergency access and public safety is of paramount importance to the city and the people who live in the area."

But UC attorney Olson said that suggesting that the university would skimp on seismic safety is insulting, adding that UC Berkeley has high seismic standards.

Olson also said the university has a right to develop its property within legal limits as it sees fit, whether the city, neighbors or tree-sitters like the project or not.

"It's unfortunate that so many resources have been used to litigate this matter, but this is Berkeley, after all," he said. "Nothing's ever easy in Berkeley."